Terms of Access

Welcome to www.palfinger.com, a web site (the “Site”) made available by Palfinger USA, Inc., 4151 West State Route 18, Tiffin, Ohio 44883, and its North American affiliated companies (“Palfinger”). The Site is only for customers of Palfinger and others who want to access and use the Site for business purposes, and use of the Site by consumers is prohibited. If you are not an authorized user, you must immediately discontinue use of and exit the Site. Any use of the Site by authorized users is subject to the following additional terms and conditions:

1. SCOPE.

These terms govern your access to and use of the Site. In using the Site, you agree to such terms on your own behalf and, if applicable, on behalf of your employer.

2. PERMITTED USE.

The Site may only be used for legitimate business purposes, and you may not use the Site for any unlawful, fraudulent, or other non-business purpose. Without limiting the generality of the preceding sentence, you may not use the Site to (a) defame or harass Palfinger or any third party, (b) promote obscene or other objectionable content, (c) infringe any intellectual or industrial property rights of Palfinger or any third party, or (d) send spam, viruses or other harmful computer code, over the internet. If you post any content on the Site, Palfinger may remove such content, in its discretion, for any reason without notice to you.

3. ADDITIONAL PROVISIONS.

There may be additional terms contained elsewhere on the Site that relate to your use of certain portions of the Site. When applicable, your use of the Site is subject to those additional terms. For example, if you desire to purchase products from Palfinger through the Site, when requested to do so, you must accept the terms contained elsewhere in the Site that relate to such purchase.

4. USER NAME AND PASSWORD.

In order to access certain portions of the Site, you will need to adopt (if you have not already done so) and use a user name and password that complies with whatever protocol is from time to time established by Palfinger. You (a) are responsible for selecting your own user name and password, and maintaining their confidentiality, and (b) must immediately notify Palfinger in writing of any unauthorized, or potentially unauthorized, disclosure or use of your user name or password. Palfinger will not have any liability to you or any third party arising from your failure to keep your user name or password confidential, and may at any time, in its discretion and without notice to you, disable your user name or password. In addition, Palfinger may rely on any use of your user name or password, whether by you or any third party, as having been authorized by you, unless you have previously notified Palfinger in writing of any unauthorized disclosure or use of your user name or password, and Palfinger has had a reasonable opportunity to act on such notice. Also, if you access the Site on behalf of an employer, you or your employer must immediately notify Palfinger upon the termination of your employment or the employment of any other individual authorized by your employer to use the Site.

5. CONTENT.

All right, title and interest in any content contained on the Site (“Content”) belongs to, or is licensed by, Palfinger, unless otherwise agreed in writing by Palfinger. You may access and use any Content for any legitimate business purpose; provided, however, that you may not use the Site or any Content for any purpose prohibited by this Agreement or Palfinger, in its sole discretion, after you receive notice of such prohibition.

6. ACCESS.

Any access or attempt to access equipment, software, data or web pages of Palfinger or third parties not generally made available to authorized users in connection with their use of the Site is prohibited.

7. INTELLECTUAL PROPERTY RIGHTS.

The Site may contain trademarks and service marks owned by Palfinger. All such trademarks and service marks shall at all times remain the property of Palfinger, unless otherwise agreed in writing by Palfinger. All copyrights and other intellectual or industrial property rights in any Content are also owned or licensed by Palfinger, and shall at all times remain the property of Palfinger or its licensors, as applicable, unless otherwise agreed in writing by Palfinger. Access to the Site does not give you a license or other right to copy or use any intellectual or industrial property of Palfinger or its licensors, except as expressly authorized in writing by Palfinger.

8. COPIES.

You may make copies of any Content (a) for the purpose of learning about Palfinger, or any products or services of Palfinger, (b) in connection with your purchasing products or services, or enjoying the benefits of products or services purchased, from Palfinger, or an authorized distributor of Palfinger, or (c) as otherwise authorized in writing by Palfinger. Except as set forth in the preceding sentence, you may not copy, display, distribute, download, modify, print, store, transmit or otherwise use any Content.

9. DISCLAIMER.

THE SITE AND ALL CONTENT ARE MADE AVAILABLE TO YOU “AS IS” AND WITHOUT ANY WARRANTY, CONDITION OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, PALFINGER (A) DOES NOT WARRANT OR REPRESENT THAT (I) THE SITE WILL ALWAYS BE AVAILABLE FOR USE, (II) ANY USE OF THE SITE OR ACCESS TO ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, (III) DEFECTS IN THE SITE OR ANY CONTENT WILL BE CORRECTED, (IV) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE, OR (V) ANY CONTENT IS ACCURATE, OR FREE OF RIGHTS OF THIRD PARTIES, AND (B) EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. LINKS.

The Site may contain links to other web sites that are not maintained by Palfinger. Palfinger is not responsible for any content contained on such other web sites or otherwise with respect to such other web sites. No link from the Site to another web site, or from another web site to the Site, is an endorsement, sponsorship or recommendation by Palfinger of such other web site and the link is provided only for your convenience. Palfinger will have no liability to you arising from any link between the Site and another web site.

11. INFORMATION PROVIDED BY YOU.

All comments, data, graphics, ideas, specifications, and other information provided by you to Palfinger in connection with your use of the Site (“User Information”) will become property of Palfinger without any compensation or other consideration to you, unless in so providing it, you reserve in writing your proprietary rights, if any, in such User Information; provided, however, that if pursuant to applicable law such User Information is not owned by Palfinger for any reason, you grant to Palfinger a non-exclusive, perpetual, and fully-paid license to use such User Information for any legitimate business purpose anywhere in the world. If you provide any User Information to Palfinger in connection with your use of the Site, it must be accurate and complete in all respects, unless by its nature such User Information is not intended to be accurate or complete. In addition, you must immediately update such User Information to maintain its accuracy and completeness.

12. PRIVACY.

WITHOUT YOUR REALIZING IT, PALFINGER MAY (A) COLLECT INFORMATION FROM YOU, YOUR USE OF THE SITE, AND THE COMPUTER USED BY YOU TO ACCESS THE SITE, AND (B) DEPOSIT ON SUCH COMPUTER’S HARD DRIVE TEXT FILES COMMONLY KNOWN AS COOKIES. COLLECTION, USE AND DISCLOSURE OF SUCH INFORMATION IS GOVERNED BY PALFINGER’S PRIVACY POLICY, WHICH IS AVAILABLE FOR YOU TO REVIEW HERE, (THE “PRIVACY POLICY”). IN ORDER FOR YOU TO ACCESS AND USE THE SITE, YOU MUST AGREE TO THE PRIVACY POLICY.

13. INFORMATION PROTECTION.

Palfinger will use reasonable precautions to protect from unauthorized access or use by, or unauthorized disclosure to, third parties all User Information with respect to which you reserve in writing your proprietary rights. However, Palfinger does not guaranty that any such User Information is secure from unauthorized access or use by, or unauthorized disclosure to, third parties, and Palfinger will not have any liability to you for any such unauthorized access, use or disclosure so long as it has used such reasonable precautions, subject at all times to paragraph 14 (Limitation on Liability).

14. LIMITATION ON LIABILITY.

PALFINGER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES INCURRED BY YOU IN CONNECTION WITH (A) YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT, (B) ITS TAKING ANY ACTION PERMITTED BY THESE TERMS, OR (C) ANY OTHER MATTER RELATING TO THE SITE, ANY CONTENT OR ANY USER INFORMATION, WHETHER BASED ON BREACH OF CONTRACT, TORT OR OTHER THEORY OF LIABILITY, (“COVERED CLAIMS”), EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY PALFINGER. IN ADDITION, EXCEPT ONLY IN THE CASE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY PALFINGER, PALFINGER WILL NOT BE LIABLE FOR DIRECT DAMAGES INCURRED BY YOU IN CONNECTION WITH COVERED CLAIMS IN EXCESS OF THE AGGREGATE PURCHASE PRICE OF ALL PRODUCTS PURCHASED BY YOU FROM PALFINGER IN THE CALENDAR YEAR IN WHICH SUCH LIABILITY ARISES.

15. INDEMNIFICATION.

You will indemnify, defend and hold harmless Palfinger from and against all costs, damages, expenses, fees, indebtedness, liabilities and losses incurred by Palfinger (including, but not limited to, fees and disbursements of counsel to Palfinger) in connection with (a) your use of the Site or any Content, (b) its taking any action permitted by these terms, and (c) any other matter relating to the Site, any Content or any User Information, except to the extent such costs, damages, expenses, fees, indebtedness, liabilities and losses are incurred by Palfinger solely due to the gross negligence or intentional misconduct of Palfinger.

16. TERMINATION AND MODIFICATION.

Palfinger may at any time, in its sole discretion, modify or remove the Site or any Content without notice to you, and without any liability to you for such removal or modification.

17. NOTICE.

You may send notices to Palfinger at webmaster@palfinger.com or Webmaster, 4151 West State Route 18, Tiffin, Ohio 44883. Any such notice will be effective upon actual receipt by Palfinger. Palfinger may send notices to you through e-mail, regular mail or a general posting on the Site. Any such notice will be effective (a) immediately upon Palfinger’s sending such notice to the address it has in its records for you in the case of e-mail, (b) five business days after Palfinger’s sending such notice to the address it has in its records for you in the case of regular mail, and (c) immediately upon your entering the Site after such notice is posted on the Site.

18. APPLICABLE LAW AND VENUE.

These terms shall be governed by, and interpreted and enforced in accordance with, the internal law of the state of Ohio, without regard to principles of conflict of laws. You and Palfinger will (a) submit any dispute relating to the Site, any Content, these terms or any additional terms provided elsewhere in the Site, or any products or services purchased by you through the Site exclusively to a federal, state, local or other court located in the county of Seneca, Ohio, and having subject matter jurisdiction over such dispute, and (b) consent to its being a proper venue for such dispute.

19. SEVERABILITY.

Whenever possible, each of these terms (including, but not limited to, the limitation on liability set forth in paragraph 14 (Limitation on Liability)) shall be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such term shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such term, or any other of these terms, being prohibited or invalid.

20. AMENDMENTS.

Palfinger may amend these terms at any time by posting such amendment on the Site. You will be bound by such amendment (a) immediately upon an e-mail message with respect to such amendment being sent to the address Palfinger has in its records for you, (b) five business days after notice with respect to such amendment being sent by regular mail to the address Palfinger has in its records for you, (c) immediately upon your entering the Site after a general notification has been posted on the Site that these terms have been amended, or (d) immediately upon your accepting these terms, as so amended, when entering the Site, in each case regardless of whether or not you have actually read or assented to such amendment.

21. MISCELLANEOUS.

These terms (a) inure to the benefit of, and are binding upon, you and Palfinger and each of your and Palfinger’s successors and assignees, except that you may not assign any of your obligations under these terms without first obtaining the written consent of Palfinger, and (b) constitute the entire agreement between you and Palfinger with respect to their subject matter, and supersede all prior oral and written proposals, representations, understandings and agreements (including, but not limited to, any general terms used by you in the ordinary course of your business). In using the Site, you cannot rely on, and will have no remedies with respect to, any warranty or representation not expressly set forth in these terms.